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2017 (5) TMI 556 - AT - Central ExciseSSI exemption - exemption limit - case of appellant is that Since the aggregate assessable value on which excise duty was confirmed is much below the threshold limit under SSI exemption, the appellants was entitled for the same and therefore no excise duty would arise - Held that: - as per the final confirmation of demand the amount comes to ₹ 1.90 lakhs. If this is so, then the aggregate value of the excisable goods is very much below the SSI exemption limit. Both the lower authorities have not considered this submission of the appellants. I am therefore, of the view that the demand is not sustainable on the ground that the appellants are entitled for SSI exemption - demand set aside. Extended period of limitation - Held that: - the plea of the appellants that as per their bonafide belief the furniture manufactured by them is not excisable is found to be correct - extended period not invocable - the demand is not sustainable on limitation also. Penalty also set aside. Appeal allowed - decided in favor of appellant.
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